Music industry claims big scalp

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All five respondents in the music industry's piracy case against
music download website MP3s4free.net were found to have infringed
copyright today and the industry will now pursue damages against
them.

The long-running case is significant in that it was found that
linking to pirated material, and not just downloading it, is an
infringement of copyright under Australian law.

However, the decision goes even further to find that in some
circumstances internet service providers can be held responsible
for the activities of sites they host.

Music Industry Piracy Investigations general manager Michael
Kerin described the case as very significant for the music industry
and all those involved.

It confirmed that linking into infringing music is
illegal, he said, adding that it was a major blow for pirates
and that mp3s4free.net had now been recognised as one of the worst
infringers worldwide.

It exposed the commercial role of internet service
providers in internet piracy and holds them to account, Mr
Kerin said.

In the decision, handed down in the Federal Court in Sydney
today, Justice Tamberlin found that former Queensland policeman
Stephen Cooper had breached the Copyright Act in authorising the
infringement of copyright by permitting or sanctioning and
facilitating the infringement through his website.

Thirty-one applicants, including seven international music
labels, sued Mr Cooper, who ran the site, his internet service
provider, Sydney-based Com-Cen, a related company, a director and a
staff member, saying the site had cost the music industry hundreds
of millions of dollars.

Lawyers for Com-Cen argued that while it hosted the infringing
website it was on normal commercial terms and was not involved in
operating the site.

However the court found that the companies and its employees had
the power to stop the infringement and did not do so and so had
also infringed copyright.